[2023] KEHC 19445 (KLR)
The court found that, despite the file being opened in the Case Tracking System on October 12, 2022, there were no pleadings or physical file available for consideration or retrieval. In the absence of any material before the court, it was not possible to proceed, and the only appropriate action was to close the file.
Source-derived case information.
- Citation
- [2023] KEHC 19445 (KLR)
- Parties
- Appellant: Caleb Ochieng Oloo; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Criminal Petition E022 of 2022
- Procedural Posture
- Criminal Petition / Ruling on File Status
- Outcome
- File closed due to absence of pleadings or materials for consideration.
- Judges
- RE Aburili
- Legal Topics
- Case File Management
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Caleb Ochieng Oloo
Appellant
Republic
Respondent
Procedural Posture
Criminal Petition / Ruling on File Status
Legal Issues
- 1 Whether the court file contains pleadings or materials for consideration.
Ratio Decidendi
The court found that, despite the file being opened in the Case Tracking System on October 12, 2022, there were no pleadings or physical file available for consideration or retrieval. In the absence of any material before the court, it was not possible to proceed, and the only appropriate action was to close the file.
Court Disposition
File closed due to absence of pleadings or materials for consideration.
Orders
- The file is hereby closed.
Full Case Text
Judgment text and source record
18 paragraphs
Oloo v Republic (Criminal Petition E022 of 2022) [2023] KEHC 19445 (KLR) (26 June 2023) (Ruling)
Neutral citation: [2023] KEHC 19445 (KLR)
Republic of Kenya
In the High Court at Kisumu
Criminal Petition E022 of 2022
RE Aburili, J
June 26, 2023
Between
Caleb Ochieng Oloo
Petitioner
and
Republic
Respondent
Ruling
1. Although the CTS shows that this file was opened on October 12, 2022, there are no pleadings or physical file opened for consideration and neither could they be retrieved.
2. Accordingly, I direct and order that this file be and is hereby closed.
3. I so order.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 26TH DAY OF JUNE, 2023R. E. ABURILIJUDGE